Divisional Court Sets Procedure for Late Eviction Appeal: Cheng v TCHC
Court outlines procedure for tenant's late appeal of LTB eviction order, emphasizing limited scope of judicial review
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Apr 2024
Order Date
Apr 19, 2024
Dispute Summary
Tenant appealed an eviction order from the Landlord and Tenant Board. The eviction was based on the tenant violating an agreement to maintain cleanliness in her unit. The tenant is seeking to set aside the eviction order and raise complaints about building maintenance and alleged unfair treatment by the landlord.
Determinations
- Tenant was evicted for violating cleanliness agreement
- LTB made eviction order without notice to tenant
- Tenant's request to set aside eviction order was dismissed
- Tenant is late in appealing eviction order
- Rental unit has been re-let to new tenant
- Appeal is limited to errors of law by LTB
Case Study
The court explained that it can only intervene if the tenant establishes that the LTB made an error of law in its decision. The court cannot hold a new trial or reassess the facts of the case. The tenant must identify specific legal errors made by the LTB to have a chance at setting aside the eviction order.
Arguments and Actions
Landlord
Arguments
Landlord argues this case is different from typical eviction appeals because unit has been re-let and tenant was not ordered to pay any money.
Actions
Landlord has re-let the rental unit to a new tenant.
Tenant
Arguments
Tenant wants to raise complaints about lack of building maintenance and being singled out by landlord. Tenant disagrees with LTB's finding that she violated cleanliness agreement.
Actions
Tenant violated agreement to maintain cleanliness of unit. Tenant has been living in a shelter for over a year due to conditions in her unit. Tenant waited over two months to apply for reconsideration of order dismissing her request to set aside eviction.
Procedural Errors
Tenant is many months late in appealing eviction order. Tenant filed appeal 30 days after receiving dismissal of reconsideration request.
Decision Summary
The court set out procedural steps for the tenant to seek an extension of time to appeal the LTB's eviction order. The tenant must file a motion with supporting affidavit by June 30, 2024 explaining reasons for delay and potential grounds of appeal. If extension granted, tenant must perfect appeal by October 1, 2024. Appeal hearing tentatively scheduled for December 2024.
Adjudicator Details
Divisional Court
Total Orders
7
Landlord Favorable
71.4%
Tenant Favorable
14.3%
Mutual Agreement
14.3%
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